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Regular
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| Board of Adjustment | |
| Date: | 03/02/2022 |
| Title: | Variance 1341 - High Country Coca Cola - Maximum Sign Area |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending conditional approval and adoption of the findings of the criteria for Variance 1341.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Section 27-1407.E requiring a maximum sign area of 250 square feet for any wall sign in the Light Industrial (I1) zone district. The property is intended for the development of a new Coca-Cola Bottling facility of up to 240,000 square feet (5.5 acres) with primary frontage on South Frontage Road and Harnish Boulevard near the Zoo Drive interchange of Interstate 90. The proposed sign is 456 square feet and consists of the iconic brand name Coca-Cola. The property was recently annexed to the city limits. The property is zoned I1 and the proposed use is in conformance with the zoning district. The parcel is legally described as C/S 1391, Parcel 11A and is about 9.5 acres in area. Messinger Company is the owner of the property and the agent is Kolten Knatterud of IMEG Corporation. The Board of Adjustment failed to achieve a quorum of members on February 2, 2022 at the first scheduled hearing on this application. The application was delayed to March 2, 2022.
The building facade where the sign is proposed faces north and east towards the westbound lanes of South Frontage Road and I-90. The facade is 400 feet in length - not including the front office variation - and will be approximately 30 feet in height. This creates over 12,000 square feet in facade. The sign code applies a maximum wall sign area of 250 square feet regardless of the size of the building or the length of the street frontage. The Board of Adjustment has granted a similar variance for the Scheels building in Shiloh Crossing in December 2011. The previous Shiloh Corridor Overlay District also had a maximum wall sign area of 250 square feet. The Scheels building was much taller but had a similar facade area and the desire to address traffic on a road that was more than 800 feet from the structure. There are similar properties in the area that have much larger signs based on the previous sign code in the City and County. The previous sign codes allowed building wall signs to equal up to 3 square feet for each linear foot of structure that faced a street. If the previous sign code were still in place, a maximum wall sign - or group of wall signs - would have been allowed up to 1,200 square feet - or about 10% of the proposed facade area. The Scheels sign of 544 square feet, by contrast, takes up about 5% of the facade area for that building.
In 2012, the BOA approved an increase in sign size and height for the Vegas Hotel near the S 27th St and I-90 interchange. This sign variance allowed the sign to be much taller (12 ft required) and larger (40 square feet max) than the S 27th St Corridor sign code allowed. The topography was challenging based on the elevation of the highway overpass just east of the property.
APPLICATION DATA
OWNER: Messinger Company LLC
AGENT: Kolten Knatterud, IMEG Corporation
PURPOSE: To allow the construction of a wall sign of 456 square feet for a new 5.5 acre bottling plant
LEGAL DESCRIPTION: Parcel 11A, C/S 1391
ADDRESS: None Assigned
SIZE OF PARCEL: 9.5 acres
ZONING: Light Industrial (I1)
EXISTING LAND USE: vacant
PROPOSED LAND USE: High Country Coca-Cola bottling plant
SURROUNDING ZONING & LAND USE
NORTH: Zoning: I1
Land Use: Interstate, Railroad, Steel manufacturer
SOUTH: Zoning: I1
Land Use: Vacant land, FedEx Freight Terminal, warehouses
EAST: Zoning: Heavy Commercial (CX) and I1
Land Use: Tractor and Equipment, Beartooth Harley Davidson
WEST: Zoning: I1
Land Use: Slumberland Furniture
Planning staff is recommending conditional approval based on the very limited BOA history of granting similar variance for similarly situated buildings and property, and because property within the immediate vicinity enjoys the same type and size of signage without a variance. Several conditions are recommended to ensure the new signage has less of an impact on the surrounding property and the traveling public.
The building facade where the sign is proposed faces north and east towards the westbound lanes of South Frontage Road and I-90. The facade is 400 feet in length - not including the front office variation - and will be approximately 30 feet in height. This creates over 12,000 square feet in facade. The sign code applies a maximum wall sign area of 250 square feet regardless of the size of the building or the length of the street frontage. The Board of Adjustment has granted a similar variance for the Scheels building in Shiloh Crossing in December 2011. The previous Shiloh Corridor Overlay District also had a maximum wall sign area of 250 square feet. The Scheels building was much taller but had a similar facade area and the desire to address traffic on a road that was more than 800 feet from the structure. There are similar properties in the area that have much larger signs based on the previous sign code in the City and County. The previous sign codes allowed building wall signs to equal up to 3 square feet for each linear foot of structure that faced a street. If the previous sign code were still in place, a maximum wall sign - or group of wall signs - would have been allowed up to 1,200 square feet - or about 10% of the proposed facade area. The Scheels sign of 544 square feet, by contrast, takes up about 5% of the facade area for that building.
In 2012, the BOA approved an increase in sign size and height for the Vegas Hotel near the S 27th St and I-90 interchange. This sign variance allowed the sign to be much taller (12 ft required) and larger (40 square feet max) than the S 27th St Corridor sign code allowed. The topography was challenging based on the elevation of the highway overpass just east of the property.
APPLICATION DATA
OWNER: Messinger Company LLC
AGENT: Kolten Knatterud, IMEG Corporation
PURPOSE: To allow the construction of a wall sign of 456 square feet for a new 5.5 acre bottling plant
LEGAL DESCRIPTION: Parcel 11A, C/S 1391
ADDRESS: None Assigned
SIZE OF PARCEL: 9.5 acres
ZONING: Light Industrial (I1)
EXISTING LAND USE: vacant
PROPOSED LAND USE: High Country Coca-Cola bottling plant
SURROUNDING ZONING & LAND USE
NORTH: Zoning: I1
Land Use: Interstate, Railroad, Steel manufacturer
SOUTH: Zoning: I1
Land Use: Vacant land, FedEx Freight Terminal, warehouses
EAST: Zoning: Heavy Commercial (CX) and I1
Land Use: Tractor and Equipment, Beartooth Harley Davidson
WEST: Zoning: I1
Land Use: Slumberland Furniture
Planning staff is recommending conditional approval based on the very limited BOA history of granting similar variance for similarly situated buildings and property, and because property within the immediate vicinity enjoys the same type and size of signage without a variance. Several conditions are recommended to ensure the new signage has less of an impact on the surrounding property and the traveling public.
STAKEHOLDERS
Planning staff notified owners by mail, posted the property and published the legal ad as required. As of the date of this staff report, no comments or concerns have been registered with the Planning Division.
ALTERNATIVES
The Board of Adjustment may:
- Approve the requested variance with conditions as recommended by the Planning staff;
- Approve the requested variance with amended conditions;
- Approve the requested variance with no conditions;
- Deny the requested variance with amended findings of fact of the criteria;
- Allow the applicant to withdraw the variance request; or
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There are special circumstances that exist which are peculiar to the lot that are not applicable to other lots in the same district. The property has an unusual shape and is not oriented in a way to firmly address the interstate traffic that travels at significantly higher speeds than local streets. This also applies to the S Frontage Road traffic that is also traveling much faster than other local commercial street traffic. Drivers traveling at highway speeds rely on signs that are large enough and well-designed to convey a legible message in a split second. Difficulty in reading a sign distracts a driver longer than necessary from critical attention to traffic sharing the highway.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least two sign area variances in the past decade. They have been rare and very specific to conditions and buildings. Similar property in the area has also developed much larger wall signage to accommodate the mass and scale of buildings on those lots and to better communicate with drivers at highway speeds. Cabela’s and Slumberland Furniture each have wall signs close to 500 square feet. If the variance is denied, this would deprive this applicant of rights commonly enjoyed by others in the area.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the maximum sign area to other land in the same or similar district. Similarly situated development in the area also has larger wall signs to scale larger buildings, as proposed by Coca-Cola.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance will meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending 6 conditions for the variance request:
1. The variance is for a maximum sign area of 456 square feet placed on the northwest corner of the South Frontage Road building facade. No other variance is intended or implied by this approval.
2. The variance applies to Parcel 11A of C/S 1391.
3. The proposed building will be located and oriented in substantial conformance with the submitted site plan. Minor adjustments to the site plan are allowed.
4. The applicant will apply for a building permit within 2 years of the Board of Adjustment approval of the variance.2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least two sign area variances in the past decade. They have been rare and very specific to conditions and buildings. Similar property in the area has also developed much larger wall signage to accommodate the mass and scale of buildings on those lots and to better communicate with drivers at highway speeds. Cabela’s and Slumberland Furniture each have wall signs close to 500 square feet. If the variance is denied, this would deprive this applicant of rights commonly enjoyed by others in the area.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the maximum sign area to other land in the same or similar district. Similarly situated development in the area also has larger wall signs to scale larger buildings, as proposed by Coca-Cola.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance will meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending 6 conditions for the variance request:
1. The variance is for a maximum sign area of 456 square feet placed on the northwest corner of the South Frontage Road building facade. No other variance is intended or implied by this approval.
2. The variance applies to Parcel 11A of C/S 1391.
3. The proposed building will be located and oriented in substantial conformance with the submitted site plan. Minor adjustments to the site plan are allowed.
5. Prior to installation and within 5 years of Board of Adjustment approval of the variance, the applicant will apply for the sign permit.
6. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
7. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending the applicant/agent have 2 years to submit a building permit application and 5 years to submit a sign permit. Sign permits once approved are only valid for a few months.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Beverage bottling plants and signs are allowed uses in the Light Industrial zone district.
Attachments
- Zoning Map and Site photos
- Applicant Letter
- Applicants Fact of Hardship
- Site and Architectural Plans
- Sign Comparison Slides
- Applicant Slides
- Zoning History